I want to believe that if there's another season long lockout, that labor peace will finally to real but I wouldn't put it past this group to have another lockout in 6-7 years or so when the CBA expires again. This will keep going on until both sides learn to work together.

Tim Thomasen wrote:I want to believe that if there's another season long lockout, that labor peace will finally to real but I wouldn't put it past this group to have another lockout in 6-7 years or so when the CBA expires again. This will keep going on until both sides learn to work together.

That's a pretty safe bet. Either the owners make concessions from what they want and hold another lockout, or they get everything they want and the players strike.

Whitney understands that going down from 57 percent of the revenue pie to 50 percent was a reality players would have to likely accept after what happened in the NFL and NBA labor deals last season. But like many players, he’s frustrated by the league’s insistence on a number of changes to player contracting rights.

"It’s not fair, to be honest," said Whitney.

Agreeing with Fehr, Whitney said the league’s demands on contracting rights would lead to too restrictive a system, especially with demands such as five-year limit on contracts and a five percent salary variation ceiling.

"There are some incredibly smart GMs out there, guys like Ken Holland and Lou Lamoriello," said Whitney. "They’re not allowed to say anything but what the league is trying to do now is say, 'We don’t trust you GMs, we want to put in a system that tells you how to run your teams now. We’re going to cut your legs out. Kenny, I know you’ve got a genius mind when it comes to contracts and maneuvering things, but we’re not going to allow that anymore. We’re going to make it so the worst GM in the league can compete with you because your hands are tied.'"

To be fair, the league is looking to tighten up the system because costs got out of control in the last CBA, especially on the players’ second contracts, which is why the league wants to push UFA to eight years service or 28 years old and why the league is seeking changes to salary arbitration.

Whitney understands the owners need some fixes but he just wants a fair deal, not an agreement that will crush his side.

"Otherwise, we’ll just be in another work stoppage in five years, which makes no sense," said Whitney. "All of this makes no sense. We could have been playing a long time ago."

If Whitney's opinion is representative of the majority of players (and it likely is), then it sounds like the players are pushing "Make Whole" because the league is unwilling to compromise on the contracting issues. Since the league's October proposal, Bettman has been insistent that the owners were not willing to budge on their proposed contract restrictions. The latest seems to be that they're willing to talk about about the 5% escalator, but still won't budge on the rest.

IMO, I don't see why they need both a 5% escalator AND a 5 year max contract length. They're both proposed to stop these "back diving" contracts that circumvent that cap, but either on their own would be effective in doing that - so why the need for both? I wouldn't doubt the NHL could get away with dropping "Make Whole" completely if they gave on the contractual issues.

If the players decertify their union, what nuclear option of their own might the owners counter with? I can brainstorm a few possibilities:

- Temporarily suspend the biggest money-losing franchises that agree to be suspended (and thus reducing jobs). This is not unprecedented in the NHL. The Pittsburgh Pirates and the original Ottawa Senators franchises of the 1920’s were suspended around 1930. The Senators missed a year and returned to the league for another year or two before folding, while the suspended Pirates never did return and the franchise was ultimately revoked.

- Restructure the NHL business model as one entity instead of 30 entities. Existing franchise owners would own shares in the single entity. The number of shares owned by each “franchise” would be determined by some formula related to current value and income streams. Players’ salaries would be negotiated by the league. This might mitigate or stop the free-agent bidding wars that the PA relishes. I believe MLS uses this type of business model and won a court case to continue it based on there being other leagues around the world for players to go.

- Open up the training camps for business and invite players from all over the world to compete for spots. Some minor leaguers and many European-league guys displaced by NHL players would love a shot at the NHL. These players would have to agree to a CBA similar to the league’s most recent best offer. This might induce the majority of the current NHLers to cave and return.

Obviously each of these possibilities is fraught with risks and uncertainties, but so is PA decertification and might be preferable by the owners to caving to union tactics.

Thia "make whole" thing is just going to cause the owners to cancel the season sooner than they might. In '94 they started in February after lengthy discussions. Owners won't negotiate (I use that term loosely) much longer with the "make whole" stipulation in the equasion, because basic economics dictates they can't. Every day that goes by, the chances of a settlement dwindles.

I truely believe, the owners will allow 3/4 of the contracting rights to be given to the players as long as the numbers and "make whole" end up in their favor. The owners will not bend on the contracting rights until the players soften on the core economics. The contracting rights they want is to handcuff the GMs into playing fair. Fehr i think knows this but holds the money the most important thing in this, like the owners do. But the players union wants thoes contracting rights.

Fehr has not budged on the money, ok his last proposal looked like that but it added up to the same 55% flowing down to the 50 after 4 years.

Fehr wants both, i think the players would bend on the moeny as long as their contracting rights were protected.